James Tillen, Marc Alain Bohn, and Homer Moyer discuss U.S. government decisions not to prosecute companies for potential FCPA violations. Searching public records, Tillen and Bohn identified several matters wherein the DOJ and/SEC declined to prosecute companies. They also found "several additional cases that might represent declinations, but for which we could find no explicit confirmation of a decision to decline prosecution."

Moyer says there should be internal DOJ guidance that voluntarily disclosed matters must normally be resolved by the Department within 90 days after completion of an internal investigation, that agencies should make public their calculations of credit for voluntary disclosure and coordination, and that the Department will publish "sanitized summaries" of its declinations.